Cheshire West - Department of Health guidance on Deprivation of Liberty Safeguards

Major Works Manager

On 28 March 2014, the Department of Health issued guidance to health and social care organisations on Deprivation of Liberty Safeguards (DoLS) following the recent Cheshire West judgment. The guidance sets out the actions that the Department suggests relevant staff should take, including that they should:

Familiarise themselves with the provisions of the Mental Capacity Act, in particular the five principles and specifically the "least restrictive" principle

When designing and implementing new care and treatment plans for individuals lacking capacity, be alert to any restrictions and restraint which may be of a degree or intensity that mean an individual is being, or is likely to be, deprived of their liberty (following the revised test supplied by the Supreme Court)

Take steps to review existing care and treatment plans for individuals lacking capacity to determine if there is a deprivation of liberty (following the revised test supplied by the Supreme Court)

Where a potential deprivation of liberty is identified, undertake a full exploration of the alternative ways of providing the care and/or treatment, in order to identify any less restrictive ways of providing that care which will avoid a deprivation of liberty

Ensure that, where the care/treatment plan for an individual lacking capacity will unavoidably result in a deprivation of liberty judged to be in that person's best interests, this is authorised.